That non-primary case I posted on a few months back has died a quite death. The landlord threw in the towel and decided not to prosecute!
Unfortunately, the decision was made on technical grounds because their process server retired and left the jurisdiction and would not be able to testify at the traverse.
So all those issue may be addressed again in the future. I may also have to post on how to prepare a client for a future non-primary residence claim as I will have to spend some time with my client doing this.
Just as I have retired some big cases (the ECB and non-primes previously discussed) a new interesting issue comes across my desk! Good or why me?
It seems that the Department of Labor has assessed a minimum wage penalty against a client building owner. The DOL disagrees with our two points:
That the apartment was compensation for the employment as part time superintendent.
You may say, “that looks like one point…where is the second?”
Well, it seems that while you a building owner can apply apartment rent to wages for DOL standards there are 2 HUGELY unfair rules in place:
1. DOL never considers a superintendent a part time worker regardless of how many hours they work.
2. DOL calculates the wage credit for rent based upon a percentage of the average rents for the year 1975….yes 1975. Crazy right? It gets worse…they refuse to acknowledge the fact that the apartment is rent stabilized and thus the rent amount is already regulated and that the rules for Rent Stabilization were completely revamped in 1984 and that there are no reliable records that predate 1984.
This is offensive…another illustration of the hidden socialism that we live under. I am going to make it my mission to dispose of this ridiculousness!
On a lighter note…the string of victories is not just legal. I won my first bike race a few weekends back! It was a cyclocross race, something I really enjoy doing, and I managed to beat , not only all of those in my category (I raced in a mixed category race) but some in a higher category and a bunch of 19 year old college kids too! I guess age, treachery and a heap of training will overcome youth!